Opinion
Motion No: M-3876
10-10-2019
An order of this Court having been entered on April 9, 2019 (M-229), inter alia, granting defendant's motion for leave to prosecute, as a poor person, the appeal taken from a judgment of the Supreme Court, Bronx County, rendered on or about May 2, 2017, under Indictment No. 3547/16, and assigning counsel therefor, And an order of this Court entered on August 6, 2019 (M-2882), having denied defendant-appellant's motion to amend the aforementioned order of assignment to include the judgment of resentence of said Court, rendered on or about May 2, 2017, under Indictment No. 876/06, to deem the notice of appeal therefrom as timely filed, and for an enlargement of time to perfect the appeal, And defendant-appellant having moved for reconsideration of this Court's August 6, 2019 order (M-2882), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion for reconsideration is granted and, upon reconsideration, the moving papers are deemed a timely filed notice of appeal from the May 2, 2017 judgment of resentence, under Bronx County therein is extended to cover same. The time within which appellant shall perfect this appeal is hereby enlarged until 120 days from the date of receipt of the complete record.
ENTERED: October 10, 2019
__________ CLERK
PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Peter Tom, Justices
M-3876
Ind. No. 876/06, and this Court's April 9, 2019 order of assignment is amended to include the May 2, 2017 judgment of resentence. The poor person relief granted